Chapter 2: Human Rights and Human Dignity The Rights of Man today By Louis Henkin Bible stressed duties

s to God

We hold this truth to be self evident, that all are created equal. To secure these rights, government constituted among men, deriving their just powers from the consent of the governed This inspired Americans to resist British colonial power Houses were burned because they signed this declaration Hancock a belt named after the one who signed who was brave enough to sign his whole name

Genesis Story: 1st book in the bible Showed the equality and dignity of man (common ancestor) Everyone is equal God is the father of all men Limited the constitutional government as there is a higher law which is binding both on the governor as on the governed Man-made law is valid and to be respected only in so far as it is consistent with the higher law

American Revolution against the British Made human rights as universal Social contract theory- entrusting to the government some rights Virginia Declaration of Rights (MPG) Rights and Freedom go hand in hand 1. All men are by nature equally free and independent and have certain inherent rights which cannot be divested by society such as: a. Enjoyment of life and liberty b. Acquiring property c. Pursuing happiness and safety That all power is vested in and derived from the people (magistrates are merely trustees) That government is ought to be constituted for the common benefit, protection, and security of the people, capable of producing the greatest happiness of the people, and that if the government is found inadequate to do this, the majority of the community has the right to abolish it. Rights of man are not necessarily divined ordained. They are Gods gift because they are natural in the sense that nature created and inspired mans reason and judgment. Man was sovereign and autonomous before

Examples: 1. Pharaoh ordered to kill all male Israelite babies but the midwives resisted to follow Relation to human rights: they saw the preciousness of babies King Saul ordered his men to kill the priests but men did not follow Respected worth and dignity of human beings

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Human rights- from natural rights coming from natural law 3 generation of rights 1. 2. 3. Civil and Political Rights Social, Economic, and Cultural Rights Rights of women, children, peace and assistance in disasters

Declaration of Human Rights

government was established and they remain sovereign under any government People gave up autonomy for to government retaining their rights and freedom Rights originate with the people, they are not granted to them Some rights cannot be granted to the government because these rights are inalienable. Rights retained are the preferred, contemporary values through our founding fathers (justified as natural) and people must retain those rights which are inalienable Rights were contractual as the rights they had were the ones in their respective institutions.

departments. Locke: regarded rights to personal possessions and fruits of ones labor Bill of Rights contained political rights such as Political freedom Security and privacy rights for those accused of crime No claims of economic and social welfare from the government Government was not precluded to provide citizens with work, food or social security US Constitution then did not ordain equality. States that declared equality maintained slavery. There was not full equality among freemen.

Content of 18th Century Rights Rights which the wise men thought the people wished to return In the Great Charter to Magna Carta, some nobles stood up to King John and exacted some concession from themselves Rights that the nobles obtained from themselves slowly spread to others unknowingly laying foundations of the parliament. A phrase in Magna Carta, a freeman shall be punished only by the lawful judgment of his peers or by the law of the land establish the rule of law, which later became due process of law 18th century developed: Representative government Expanded suffrage Increased protection for those accused of crime Freedom of religion and Freedom from any discrimination from religion Thomas Paine: Representative government was the human right. Representative government is freedom Divided authority against too much powers. Hence the creation of the legislative, executive and judiciary

Human Rights: Universal? Indivisible? Interdependent? By Rene Sarmiento Categories of Rights 1. Civil and Political Rights 1st generation of rights 1st known by people. E.g. Magna Carta of England, US Consti of 1987 Life, liberty, property, arbitrary, arrests, detention 2. Social, Economic, and Cultural Rights 2nd generation of rights Because of 3rd world people who struggle because of colonialism Right to form trade unions, work, living wage, rest and leisure, social security, health 3. Emerging Rights 3rd generation rights Rights of women, children, environment, humanitarian assistance in case of disasters Why Universal? Acknowledged globally Applies to everyone regardless of class, gender (ex. Afghanistan) So even OFWs in Saudi Arabia can assert these rights since rights are universal

Why Indivisible? Civil and political rights cannot stand alone without SEC (Social, Economic and Cultural) rights They are interrelated, co-equal, and cannot be separated Ex: cannot separate right to food and right to freedom of expression

no cause more worthy than cause of human rights. Its what makes people human. Without rights, we become less human if not totally inhuman

Threats to human rights, to democracy In Maguindanao, threat is right to live because of violence In urban poor communities: threat is hunger, loss of jobs, lack of education

According to Justice Gabriel, you cannot preach legal philosophy to hungry law students cannot separate right to health from right to educationthis is the meaning of indivisibility magkasama palagi once you divide rights, you become less human

Formula to combat these threats 1. Ex: government should negotiate with MILF. Negotiation can be used to address division and conflict.

Why Interdependent? Dependence = need someone to support the P&C and SEC rights One right is dependent on other rights Concept of Man and Society of Dr. Jose Rizal, Emilio Jacinto and Apolinario Mabini By Cesar Adib Majul Rizals Concept of Man and Society Theory of Relative Rights (where rights are relative) 1. Relative = depends on the situation -> on the economic circumstances of the country For example, in China, they argue that SEC rights are put more importance over political and civil rights 2. 3. Man has moral and intellectual potentialities and capabilities. He is the masterpiece of creation Potentialities have a natural tendency towards progress if developed If neglected/undeveloped (or if potentialities are suppressed), disfigures man, makes him unhappy No man could be held accountable to society for his actions, unless society was first of all willing to recognize in him moral responsibility, which means nothing more than allowing him his freedom The misery of a people who are without liberty must be blamed on the rulers and not on the people. For a man to be responsible, it is necessary that he be the master of his actions and the Filipinos are neither the master of their actions nor those of their thoughts The Spanish government did not have the moral right

Theory of Importunity Without this, human rights will be empty People should speak up, be vigilant, and should not be silent We have to speak if our rights are being trampled upon

Reference to Diokno what are the effects of these rights to human beings? = they make us HUMAN!

to blame the Filipinos for all the ills of the country But we should not blame the government entirely for corruption. We should also blame ourselves because there would be no tyrants if there were no slaves. If we want to change the government, we should change ourselves. Rizal also said that we should not entirely blame the Spaniards. We also had a part in their being able to colonial us be tyrants. There would be no tyrants if we did not agree to be slaves. Hence, we should also blame ourselves. Not the Spaniards totally. We are the ones who tolerated tyranny. Filipinos were blamed for having lost their freedom by allowing themselves to be ruled by a government that would not recognize moral responsibility in them. Attribute evils not only to government but also to people since they tolerated a government such as that one o Ex: in 2010, there are a lot of aspiring presidential. Dapat tumataya din tayo. We have to vote o There no tyrants where there are no slaves o like government, like people We need to change self and society plus education

What is freedom (or free men) for Rizal? Situation wherein man is allowed to develop his moral and intellectual potentialities where he is allowed to keep his self-respect, combined with: love of country and refusal to submit to tyranny JACINTO What is Jacintos concept freedom/liberty? Freedom is a situation where no tyrant retains mans actions guided by what was reasonable

2 ways by which freedom is lost 1. 2. Individuals instigate discord to perpetuate self-interest (selfishness) Attempts of government official to perpetuate their power (by perpetuating certain habits of mind and traditions to keep people under their power)

What is the formula to perfect these potentialities? 1. 2. The need to develop intellectual virtues through Education? Rizal stressed the importance of education Cultivation of moral values like love of fellowmen in brief, he wanted Filipinos to hate tyranny and possess qualities that would make a corrupt government and anomaly with them

How can freedom/liberty be recaptured? By development of reason in the people, makes people love mankind, and at the same time, makes them hate and fight tyranny Key: EDUCATION o form groups, develop public opinion o If this cannot be done peacefully, then revolution as a last resort MABINI What is freedom for Mabini? Freedom is the right to acquire all means to preserve life in accordance with what was reasonable Everyone is equal regardless of race, color, accidental circumstances of birth Since God gave man life, it was both a right and a duty to

What is stimulus to compel us to move towards progress? To make nitch in society Do our best in law school

preserve it in accordance with ones ability and natural strength This is a more developed concept of society

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Mission in life proclaim Gods glory with what is good and just True Liberty- only for what is good, not for what is evil Mabini wrote True Decalogue and the Constitutional Program for the Philippine Republic to present principles indispensable for the successful conclusion of the revolution make available to the masses the truths found in the True Decalogue as a solid base and fundamental principle for the moral education of the Filipino. Implant in the country a constitutional regime as provided for in the Constitutional Program for the Philippine Republic after the Revolution had triumphed True Decalogue Develop truthfulness and industry Having a political aim Love and support government, but reject government that is not supported by the people

Chanda Gati corruption induced by desire; pursuit of bribes for the sake of loved ones Dosa Gati spite those against whome one bears ill will Moga Gati aberaation due to ignorance Bhaya Gati Close relationship between fear and corruption, hence, this becomes deeply entrenched in society Economic hardships, which was the basis for movement in Burma. Then others followed including businessmen.

Just laws- not merely prevents corruption by meting out punishment to offenders. Also helps create a society where people can fulfill basic requirements for the preservation of human dignity without resorting to corrupt practices. need for a closer relationship between politics and ethics since powerful dominate the helpless freedom from fear stands out as both a means and an end

How do we address corruption? QUINTESSENTIAL REVOLUTION changing ways of doing things Need for change in mental attitudes and values which shapes the cause of nations development (revolution of the spirit) Shape moral/ethical values of the people Applicable in our country youth is the future of the nation

FREEDOM FROM FEAR By Aung San Suu Kyi Aung San Suu Kyi was under house arrest for voicing out her opinions What corrupts us? It is fear of losing power which corrupts us Bhaya Gati Worst form of corruption Destroys all sense of right and wrong This is the root cause of the 3 other forms of corruption Forms of corruption (CD-MB)

Suu Kyi was an admirer of Ghandi What are the 2 most important qualities for a country? 1. 2. Truthfulness Courage/Fearlessness

Satya Graha non-violence

Human Rights and Spirituality: Supportive? By Bas de Gaay Fortman Does religion need human rights (HR)? -

Mutually

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Religion has a dual character because it goes beyond the daily concerns of the individual that is has to meet the higher demands of credibility THE RIGHTS AND PRINCIPLES FOR COMPANIES By Amnesty International Companies are obliged to comply with Human Rights principles These are universal obligations Employees are entitled to rights from o Discrimination o Right to life o Security o Right from slavery o To form trade unions o To form associations o Fair working conditions it is their responsibility to use their influence to try and stop human rights violations companies can help in this manner since they can influence: o Tax and trade policies o Labor laws o Environmental rules companies also provide employment which influences the government since this affects the economy international community decide that promotion and protection of inherent human rights transcends national and cultural boundaries AI developed a set of human rights principles based on international standards to assist companies in developing their role in situations of human rights violation.

yes it does! Religion was used before for past gruesome massacres such as the RWANDIAN BLOODSHED o Here, none of the churches condemned the massacre. They were indifferent. There was a corruption of the religious institutions. o Religion was a factor here since the priests did not care. Hence, religion can be manipulated to violate human rights o Thus, human rights can be used to see to it that religion does not violate human rights.

Does human rights need religion? of course it does!

What is it in religion that helps human rights? What are these norms supplied by religion? moral values, compassion, loving others; hence, the need for religion gospel could be use as a guidance Gods presence in us manifest itself through the continual possibility of not surrendering blindly and passively but taking responsibility for the continuation and creation of life o RESPONSIBILITY is the keyword -

Latin America and Africa injection of religion with human rights evident in the pastoral center of the bishops this must be achieved in the grassroots level

In what way can multinational companies promote HRs? 1. Responsibility for own operations personnel practice and policies in personnel manual =

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companies must promote standards through all 3 rd parties who act with them on their behalf. To respect rights f employees as stated in the personnel manual Security arrangements- ensure that personnel and security are properly trained, respecting international guidelines, require reporting and review process, screen backgrounds, (if they had nay involvement in human rights violations) responsibility for promoting and upholding human rights standards create environment where human rights are understood and respected develop policy on human rights training with assistance of NGOs consult NGOs establish framework for assessing potential impact on human rights implementation and monitoring system for monitoring compliance with corporation codes of behavior reports must be verifiable periodic verification of procedure and reports NGO involvement and industry initiatives Advocating global enforcement of internationally recognized labor rights hand in hand with drive to open markets and enhance global competitiveness Example of a violation: multinational companies shifting most of their operations to poorer developing countries with low wages and weak labor laws Apparel industry partnership Initiated to protect workers worldwide and give public information (informed purchasing decision) Apparel, footwear companies, US university, human rights groups, religious organizations Released an agreement establishing code of conduct, monitoring principles

labor was used Can companies help/contribute to economy/environment? Yup, of course they could Economy = hiring of workers Environment = not to use harmful chemicals in their products. Also, because of its sheer size and because of all the influences it could make (because there are a lot of big companies who are related in a way to politicians and influential people), they can surely influence lawmakers to pass laws to clean the environment Message of the article: Companies have the obligation to promote and respect human rights not only in the company premises but also out of it can influence law and policy makers that would protect environment respect rights of citizens not to employ child labor

why do companies have this kind of influence? since multinational companies play a big part in our lives o they affect economy by providing for employment employees are potential voters. Politicians or law makers can ask employees to vote for them (if they are running) or vote for a specific person big companies hold businesses everywhere, they have connections with lawmakers because of their resources, they can donate big financial contribution to the government o can also donate for charitable causes

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How could companies influence 3rd persons? by placing in the label of the product that no forced

RIGHTS, OBLIGATIONS, and REMEDIES: INTERNATIONAL and

DOMESTIC EXPERIENCES (Writ of Amparo, Writ of Habeas Data) By Rene Sarmiento the judiciary should not be passive in our world and not just be a mere adjudicator rule of law is a dynamic concept employed to SEC rights (not only civil and political rights) under which legitimate aspiration and dignity may be realized. KENYA: members of judiciary, scientists, lawyers, scholars came up with the conclusion that judicial activism can be an important strategy to overcome all forms of oppression, exploitation, and impoverishment. Judiciary should be a judicial activist - a strategy to overcome all forms of OEI judicial activism, encouraged by social action litigation, may be regarded as a vital human technology for social change in an impoverished society. Judiciary can be used to make life worth living at all Diokno- idea of using law for the common good, spoke about the Waging Revolt of Law Waging revolt of law law as a tool to craft legal approaches Right to a healthful environment, right to education, right to shelter, right to life, right to respect for home, right to respect for private life How can judicial power be creative? o Oposa v. Factoran o Intergenerational responsibility, cutting of trees opposed for sake of future generations o Petitioners were allowed to invoke right to environment o In this case, the court was a judicial activist. Used decision not only to protect present generation but also future generation. Another example: student was allowed to enroll despite allegations of misconduct since he should be given due process that he has the right to education which is enshrined in our Constitution and that this is

also a part of our human rights o CA: invoked right to education, ruled that he should be allowed to enroll o Now, the defendant is a fully pledged engineer WRIT OF AMPARO Writ of Writ = order Amparo = to protect Writ of Amparo = order to protect Amparo vs. Writ of Habeas Corpus

In Writ of Habeas Corpus, one can excuse that person (if for example a person is missing) that the person is not with them In Writ of Amparo, cant use this excuse! Should show extraordinary task of effort that people were indeed not with them o Writ of Amparo may enhance rights, intended to protect SEC rights not protected by Habeas Corpus o SC has made Amparo and Habeas Data as part of our system Autonomous Procedural Functions of Writ of Amparo (LUCAA) 1. protection of life and liberty 2. challenging unconstitutional laws 3. resolution of conflicts from administrative acts and decisions 4. appeal of judicial decision 5. protection of rights subject to agrarian reform SC can promote rules concerning enforcement and protection of constitutional rights Utrecht expert meeting prepared a draft optional protocol to the international covenant on SEC rights Instrument to protect SEC rights throughout the world = citizens could sue government for enforcement of rights

Chief Justice Roberto Concepcion Considered as trailblazer If case involved a political question, this retired chief justice said that the SC can look on factual basis When he became a member of the Constitutional Commission, he expanded the meaning of judicial power government cannot now invoke political questions. Courts can now look into it. He also ruled that evidence illegally seized cannot be used as evidence, overruling a past decision.

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Torture and ill-treatment of trafficked women Torture and ill-treatment in the name of honor women as commodities, accused of bringing shame in the family Torture and ill-treatment in forced marriages physical violence Torture and ill-treatment in Debt Bondage Torture and ill-treatment of domestic workers passports confiscated, tortured and raped Female genital mutilation Abuses in the community extra marital affairs

TORTURE OF WOMEN IN THE HOME AND COMMUNITY By Amnesty International Human rights culture must be advocated Duty of states to ensure that no one is subjected to torture or ill-treatment 4th world conference on women violence against women made illegal Discrimination, racist and sexist policies Home: a place of terror - Violence in the home done by family members or husbands Domestic violence as torture of ill-treatment Example was K tortured, beat and kicked, raped by husband sought asylum in the US but was afraid to approach the police International community recognized violence women as a human rights issue Dowry-related violence (6,929 dowry deaths) 60% killed in Kenya domestic violence against

Kinds of torture done against women